Ramnarayan vs Lakshya Yadav S/O Mahesh Yadav ...
2021 Latest Caselaw 8199 MP

         HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                                          M.A. No.4278/2019
                                                                                 -1-


     Indore, dated 03/12/2021
                        Shri Romil Malpani, learned counsel for the appellant.

                        I.A. No.5772/2019, an application for grant of stay, is taken
     up.

                        Learned counsel for the appellant seeks stay on the execution
     of proceeding and the operation of the award dated 26.06.2015 by
     submitting that the vehicle involved in the incident is transport
     vehicle and omnibus gross vehicle and its weight is under 7500
     kgs., therefore, there is no violation of insurance policy and the
     respondent No.3/insurance company is liable for the claim. He

places reliance upon the judgment delivered by the Hon'ble Apex Court in the case of Mukund Dewangan Vs. Oriental Insurance Company Limited, reported in III (2017) ACC 360 (SC).

After perusal of the record, it seems that no relevant document has been produced by the appellant before the trial court regarding weight of the concerned vehicle. Therefore, at this stage, no case is made out for grant of any stay order. Accordingly, I.A. No.5772/2019 is dismissed.

(Anil Verma) Judge N.R.

Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.12.04 18:46:21 +05'30'